Settlement Agreement Approved in Political Affiliation Complaint

HUMAN RIGHTS COMMISSION--Settlement Agreement Approved in Political Affiliation Complaint

The commissioners of the Nova Scotia Human Rights Commission have approved a settlement agreement which resolves a complaint made by Archibald Kaiser against the government of Nova Scotia. Mr. Kaiser complained in 1995 that he was discriminated against on the basis of political affiliation.

"This agreement will have a positive impact on the appointments process in Nova Scotia," said Mayann Francis, executive director of the Nova Scotia Human Rights Commission. "It will make the process more transparent, efficient and effective. It builds on the process already in place, and other jurisdictions will look to this agreement as a model for change."

Some key points of the settlement agreement are:

• The government of Nova Scotia and the Human Rights Commission express regret for the long process of reaching a resolution with Mr. Kaiser.

• The government will provide $15,000 to the Nova Scotia Human Rights Commission for education on discrimination on the basis of political affiliation.

• The government will provide $90,000 to the commission over three years to be allocated as determined by the commission in co-operation with the Nova Scotia Disabled Persons Commission for initiatives surrounding education on mental health issues.

• The government reconfirms its commitment under the Nova Scotia Human Right Act to ensure that there is no discrimination on the grounds of political belief, affiliation, activity or any other grounds under the act.

The agreement also stated fundamental goals for the appointment process. Some of these goals are:

• qualifications and criteria for selection of candidates will be established and available to the public before candidates are sought;

• all committees will be advertised to ensure that fair notice is given to candidates to apply;

• advisory committees will recommend only qualified candidates for possible appointment, and Executive Council will select from qualified candidates;

• quasi-judicial boards will be subject to advisory committees that may conduct interviews and take evidence in assessing applicants.

The goal for quasi-judicial boards is in accordance with the selection process currently in place for the selection of provincial judges and members of the Utility and Review Board.

The government has agreed to implement changes to the appointment process that are detailed in the agreement within one year of its approval.

In addition, the commission, when filing its annual report with the provincial legislature, will make an oral presentation to government and opposition caucuses on the report that highlights trends and concerns in human rights.

The complete settlement agreement can be found on the Human Rights Commission's Web site at www.gov.ns.ca/humanrights/ .